Showing 9 of 276 Publications in Intellectual Property & Licensing

Barriers to Entry

TOTM I have had occasion to think about the relationship between property rights and barriers to entry lately, and was reminded of the following line which . . .

I have had occasion to think about the relationship between property rights and barriers to entry lately, and was reminded of the following line which I thought well worth posting on its own…

Read the full piece here.

Continue reading
Intellectual Property & Licensing

AMC Releases Tentative Recommendations

TOTM The tentative recommendations of the Antitrust Modernization Committee are out, and include Commissioner vote counts for various propositions. The recommendations largely take the form of . . .

The tentative recommendations of the Antitrust Modernization Committee are out, and include Commissioner vote counts for various propositions. The recommendations largely take the form of propositions that the AMC Commissioners joined, did not join, or were undetermined. Here are a few that caught my eye on an initial read-through (note that 2-5 apply to merger analysis).

Read the full piece here

Continue reading
Intellectual Property & Licensing

Antitrust Canons

TOTM Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe . . .

Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe meet’s Matt’s criteria: articles that are essential to doing antitrust scholarship.  My long, but embarrassingly underinclusive list, is below the fold.  In particular, I have left out a good deal of more technical economics scholarship (though some appears on the list): the literature on merger simulation, post-Chicago models on specific vertical practices, nothing on immunities or exemptions, federalism, etc.

Read the full piece here.

Continue reading
Intellectual Property & Licensing

Barnett on Antitrust, IP, and Apple at the GMU Antitrust Symposium

TOTM Yesterday I had the pleasure of participating in a panel discussion on standards for single firm conduct in the United States and the EU at . . .

Yesterday I had the pleasure of participating in a panel discussion on standards for single firm conduct in the United States and the EU at the George Mason Antitrust Symposium, which focused on antitrust issues in the global marketplace (and I might add, was put together quite nicely by the GMU Law Review folks). The materials from many of the presentations are available at the GMU website.

Read the full piece here.

Continue reading
Intellectual Property & Licensing

Kimberly Moore Unanimously Confirmed By Senate

TOTM Congratulations to George Mason University Professor Kimberly Moore, who was confirmed by a vote of 92-0 today by the Senate and will soon take her . . .

Congratulations to George Mason University Professor Kimberly Moore, who was confirmed by a vote of 92-0 today by the Senate and will soon take her place on the Court of Appeals for the Federal Circuit.

Read the full piece here.

Continue reading
Intellectual Property & Licensing

Update on the Costs of Regulating Inequality

TOTM Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument :

Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument…

Read the full piece here.

 

Continue reading
Intellectual Property & Licensing

Paternalism and the iPod, Part Trois

TOTM The WSJ Law Blog reports (via this AP Report) that the French law allowing regulators to force Apple to make its iPod compatible with rival . . .

The WSJ Law Blog reports (via this AP Report) that the French law allowing regulators to force Apple to make its iPod compatible with rival offerings went into effect Thursday. “Me too” regulatory movements are already underway in Britain, Norway, Sweden, Poland and Denmark. This, as Microsoft plans to introduce “Zune,” its entry into the media player market. First, it was Apple’s shiny packaging and exploitation of consumer irrationality that explained Apple’s success in the media player market. Now, the French law adopts a different theory: it’s iTunes.

Read the full piece here.

Continue reading
Intellectual Property & Licensing

New paper: Missed Opportunities in Independent Ink

TOTM My paper for the 2006 Cato Supreme Court Review, Missed Opportunities in Independent Ink, is now available on SSRN. Justice Stevens’ opinion for the unanimous . . .

My paper for the 2006 Cato Supreme Court Review, Missed Opportunities in Independent Ink, is now available on SSRN. Justice Stevens’ opinion for the unanimous court in Independent Ink rid antitrust law of the misguided, ill conceived, and universally criticized presumption of antitrust market power in patent tying cases. Very few dispute the wisdom of the Court’s decision. So what is there left to say about it?

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Kinderstart Antitrust Claims Dismissed … For Now …

TOTM Google’s motion to dismiss Kinderstart’s claims has been granted with leave to amend all claims. Eric Goldman provides commentary, thoughts on the defamation claim, and . . .

Google’s motion to dismiss Kinderstart’s claims has been granted with leave to amend all claims. Eric Goldman provides commentary, thoughts on the defamation claim, and a link to the court’s order. As far as the antitrust claims go, I commented here that Google’s motion was likely to prevail…

Read the full piece here.

Continue reading
Antitrust & Consumer Protection